Education Service Data Protection Policy 2018

1. Aims

The Education Service aims to ensure that all personal data collected about staff, pupils, parents, governors and other individuals is collected, stored and processed in accordance with the General Data Protection Regulation (GDPR) and the provisions of the Data Protection Act 2018 (DPA 2018).

This policy applies to all personal data, regardless of whether it is in paper or electronic format.

2. Legislation and Guidance

This policy meets the requirements of the GDPR and the DPA 2018. It is based on guidance published by the Information Commissioner’s Office (ICO) on the GDPR and the ICO’s Code of Practice for subject access requests.

3. Definitions

Personal data

Any information relating to an identified, or identifiable, individual.

This may include the individual’s:

  • Name (including initials)
  • Identification number
  • Location data
  • Online identifier, such as a username

It may also include factors specific to the individual’s physical, physiological, genetic, mental, economic, cultural or social identity.

Special categories of personal data

Personal data which is more sensitive and so needs more protection, including information about an individual’s:

  • Racial or ethnic origin
  • Political opinions
  • Religious or philosophical beliefs
  • Trade union membership
  • Health – physical or mental
  • Sex life or sexual orientation

 

3. Definitions

Processing

Anything done to personal data, such as collecting, recording, organising, structuring, storing, adapting, altering, retrieving, using, disseminating, erasing or destroying.

Processing can be automated or manual.

Data subject

The identified or identifiable individual whose personal data is held or processed.

Data controller

The Education Service.

Data processor

A person or other body, other than an employee of the Education Service, who processes personal data on behalf of the Education Service.

Personal data breach

A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data.

4. The Data Controller

The Education Service processes personal data relating to parents, pupils, staff, governors and others, and therefore is a data controller.

The Diocese is registered as a data controller with the ICO and will renew this registration annually or as otherwise legally required.

5. Roles and Responsibilities

This policy applies to all staff employed by the Education Service and to external organisations or individuals working on our behalf. Staff who do not comply with this policy may face disciplinary action.

6. Data Protection Principles

The GDPR is based on data protection principles that we must comply with.

The principles say that personal data must be:

  • Processed lawfully, fairly and in a transparent manner
  • Collected for specified, explicit and legitimate purposes
  • Adequate, relevant and limited to what is necessary to fulfil the purposes for which it is processed
  • Accurate and, where necessary, kept up to date
  • Kept for no longer than is necessary for the purposes for which it is processed
  • Processed in a way that ensures it is appropriately secure

This policy sets out how the Education Service (hereafter “Service”) aims to comply with these principles.

7. Collecting Personal Data

7.1 Lawfulness, fairness and transparency

We will only process personal data where we have one of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:

  • The data needs to be processed so that the Service can fulfil a contract with the individual, or the individual has asked the Service to take specific steps before entering into a contract
  • The data needs to be processed so that the Service can comply with a legal obligation
  • The data needs to be processed to ensure the vital interests of the individual e.g. to protect someone’s life
  • The data needs to be processed so that the Service, can perform a task in the public interest, and carry out its official functions
  • The data needs to be processed for the legitimate interests of the Service or a third party (provided the individual’s rights and freedoms are not overridden)
  • The individual has freely given clear consent

For special categories of personal data, we will also meet one of the special category conditions for processing which are set out in the GDPR and Data Protection Act 2018.

Whenever we first collect personal data directly from individuals, we will provide them with the relevant information required by data protection law.

7. Collecting Personal Data

7.2 Limitation, Minimisation and Accuracy

We will only collect personal data for specified, explicit and legitimate reasons. We will explain these reasons to the individuals when we first collect their data.

If we want to use personal data for reasons other than those given when we first obtained it, we will inform the individuals concerned before we do so, and seek consent where necessary.

Staff must only process personal data where it is necessary in order to do their jobs.

When staff no longer need the personal data they hold, they must ensure it is deleted or anonymised. This will be done in accordance with the Service’s Record Retention Policy.

8. Sharing Personal Data

We will not normally share personal data with anyone else, but may do so where:

  • There is an issue that puts the safety of our staff at risk
  • We need to liaise with other agencies – we will seek consent as necessary before doing this
  • Our suppliers or contractors need data to enable us to provide services – for example, IT companies. When doing this, we will:
    • Only appoint suppliers or contractors which can provide sufficient guarantees that they comply with data protection law
    • Establish a data sharing agreement with the supplier or contractor, either in the contract or as a standalone agreement, to ensure the fair and lawful processing of any personal data we share
    • Only share data that the supplier or contractor needs to carry out their service, and information necessary to keep them safe while working with us

We will also share personal data with law enforcement and government bodies where we are legally required to do so, including for:

  • The prevention or detection of crime and/or fraud
  • The apprehension or prosecution of offenders
  • The assessment or collection of tax owed to HMRC
  • In connection with legal proceedings
  • Where the disclosure is required to satisfy our safeguarding obligations
  • Research and statistical purposes, as long as personal data is sufficiently anonymised or consent has been provided

We may also share personal data with emergency services and local authorities to help them to respond to an emergency situation that affects any of our staff.

Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.

9. Subject Access Requests and other rights of individuals

9.1 Subject access requests

Please note that the Education Service does not hold school records, including records from schools which have closed.

Individuals have a right to make a ‘subject access request’ to gain access to personal information that the Service may hold about them. This includes:

  • Confirmation that their personal data is being processed
  • Access to a copy of the data
  • The purposes of the data processing
  • The categories of personal data concerned
  • Whom the data has been, or will be, shared with
  • How long the data will be stored for, or if this isn’t possible, the criteria used to determine this period
  • The source of the data, if not the individual
  • Whether any automated decision-making is being applied to their data, and what the significance and consequences of this might be for the individual

Subject access requests must be submitted in writing, either by letter, email or fax to the DPO. They should include:

  • Name of individual
  • Correspondence address
  • Contact number and email address
  • Details of the information requested

If staff receive a subject access request they must immediately forward it to the DPO.

9. Subject Access Requests and other rights of individuals

9.2 Responding to Subject Access Requests

When responding to requests, we:

  • May ask the individual to provide two forms of identification
  • May contact the individual via phone to confirm the request was made
  • Will respond without delay and within one month of receipt of the request
  • Will provide the information free of charge
  • May tell the individual we will comply within three months of receipt of the request, where a request is complex or numerous. We will inform the individual of this within one month, and explain why the extension is necessary

We will not disclose information if it:

  • Might cause serious harm to the physical or mental health of an individual
  • Would reveal that a child is at risk of abuse, where the disclosure of that information would not be in the child’s best interests
  • Is contained in adoption or parental order records
  • Is given to a court in proceedings concerning the child

If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee which takes into account administrative costs.

A request will be deemed to be unfounded or excessive if it is repetitive, or asks for further copies of the same information.

When we refuse a request, we will tell the individual why, and tell them they have the right to complain to the ICO.

9. Subject Access Requests and other rights of individuals

9.3 Other Data Protection Rights of the Individual

In addition to the right to make a subject access request (see above), and to receive information when we are collecting their data about how we use and process it (see section 7), individuals also have the right to:

  • Withdraw their consent to processing at any time
  • Ask us to rectify, erase or restrict processing of their personal data, or object to the processing of it (in certain circumstances)
  • Prevent use of their personal data for direct marketing
  • Challenge processing which has been justified on the basis of public interest
  • Request a copy of agreements under which their personal data is transferred outside of the European Economic Area
  • Object to decisions based solely on automated decision making or profiling (decisions taken with no human involvement, that might negatively affect them)
  • Prevent processing that is likely to cause damage or distress
  • Be notified of a data breach in certain circumstances
  • Make a complaint to the ICO
  • Ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format (in certain circumstances)

Individuals should submit any request to exercise these rights to the DPO. If staff receive such a request, they must immediately forward it to the DPO.

10. CCTV

We may use CCTV in various locations around the site to ensure it remains safe. We will adhere to the ICO’s Code of Practice for the use of CCTV.

We do not need to ask individuals’ permission to use CCTV, but we make it clear where individuals are being recorded. Security cameras are clearly visible and accompanied by prominent signs explaining that CCTV is in use.

Any enquiries about the CCTV system should be directed to Mathew D’Souza, DPO.

11. Photographs and videos

As part of our activities, we may take photographs and record images of individuals.

Uses may include:

  • On notice boards and in magazines, brochures, newsletters, etc.
  • Online on our website or social media pages

Consent can be refused or withdrawn at any time. If consent is withdrawn, we will delete the photograph or video and not distribute it further.

When using photographs and videos in this way we will not accompany them with any other personal information.

When using photos and videos of children we will obtain parental permission before any use and we will follow our Safeguarding Policy at all times.

12. Data protection by design and default

We will put measures in place to show that we have integrated data protection into all of our data processing activities, including:

  • Appointing a suitably qualified DPO, and ensuring they have the necessary resources to fulfil their duties and maintain their expert knowledge
  • Only processing personal data that is necessary for each specific purpose of processing, and always in line with the data protection principles set out in relevant data protection law (see section 6)
  • Completing privacy impact assessments where the processing of personal data presents a high risk to rights and freedoms of individuals, and when introducing new technologies (the DPO will advise on this process)
  • Integrating data protection into internal documents including this policy, any related policies and privacy notices
  • Regularly training members of staff on data protection law, this policy, any related policies and any other data protection matters; we will also keep a record of attendance
  • Regularly conducting reviews and audits to test our privacy measures and make sure we are compliant
  • Maintaining records of our processing activities, including:
    • For the benefit of data subjects, making available the name and contact details of our DPO and all information we are required to share about how we use and process their personal data (via our privacy notices)
    • For all personal data that we hold, maintaining an internal record of the type of data, data subject, how and why we are using the data, any third-party recipients, how and why we are storing the data, retention periods and how we are keeping the data secure

13. Data security and storage of records

We will protect personal data and keep it safe from unauthorised or unlawful access, alteration, processing or disclosure, and against accidental or unlawful loss, destruction or damage.

In particular:

  • Paper-based records and portable electronic devices, such as laptops and hard drives that contain personal data are kept under lock and key when not in use
  • Papers containing confidential personal data will not be left on office desks, on staffroom tables, pinned to notice/display boards, or left anywhere else where there is general access
  • Where personal information needs to be taken off site, staff will sign it in and out.
  • Passwords that are at least 8 characters long containing letters and numbers are used to access computers, laptops and other electronic devices. Staff are reminded to change their passwords at regular intervals
  • Encryption software is used to protect all portable devices and removable media, such as laptops and USB devices
  • Staff who store personal information on their personal devices are expected to follow the same security procedures as for Service-owned equipment.
  • Where we need to share personal data with a third party, we carry out due diligence and take reasonable steps to ensure it is stored securely and adequately protected (see section 8)

14. Disposal of records

Personal data that is no longer needed will be disposed of securely. Personal data that has become inaccurate or out of date will also be disposed of securely, where we cannot or do not need to rectify or update it. For example, we will shred or incinerate paper-based records, and overwrite or delete electronic files. We may also use a third party to safely dispose of records on our behalf. If we do so, we will require the third party to provide sufficient guarantees that it complies with data protection law.

15. Personal data breaches

We will make all reasonable endeavours to ensure that there are no personal data breaches.

In the unlikely event of a suspected data breach, we will follow the procedure set out in appendix 1.

When appropriate, we will report the data breach to the ICO within 72 hours. Such breaches may include, but are not limited to:

  • The theft or loss of a laptop/USB containing non-encrypted personal data.

16. Training

All staff are provided with data protection training as part of their induction process.

Data protection will also form part of continuing professional development, where changes to legislation, guidance or the school’s processes make it necessary.

17. Monitoring arrangements

The DPO is responsible for monitoring and reviewing this policy.

This policy will be reviewed every 2 years and shared with the Education Commission.

18. Links with other policies

This data protection policy is linked to our:

  • Freedom of information publication scheme
  • Safeguarding Policy